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Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Published by Universitas Islam Negeri Sunan Kalijaga Yogyakarta
ISSN : 08548722     EISSN : 24430757     DOI : 10.14421/ajish
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
2nd Floor Room 205 Faculty of Sharia and Law, State Islamic University (UIN) Sunan Kalijaga, Marsda Adisucipto St., Yogyakarta 55281
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Articles 13 Documents
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Search results for , issue "Vol 47 No 1 (2013)" : 13 Documents clear
Konsep Ta'abbudi Dan Ta'aqquli Dan Implikasinya Terhadap Perkembangan Hukum Islam Jamaa, La
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.55

Abstract

The concept ta’abbudirelating to matters of worship ma?dah, and ta’aqqulirelating to the affairs and worship gairu ma?dah. Ta’abbudiabsolute, static, and its existence is not based on mere outward benefit, while ta’aqquliis relative, not static, and its existence is based on the benefit to humans so it is rational. However, in each ta’aqqulidefinitely embodied the values  of worship. Instead, at each contained ta’abbudialso for human benefit. Both of these concepts have great contribution in the development of Islamic law.
Problematika Pendekatan Analogi (Qiyas) Dalam Penetapan Hukum Islam (Telaah atas Pemikiran Ibn Hazm dan Ibn Qayyim al-Jawziyah) Wirman, Hardi Putra
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.56

Abstract

Existence of qiy?s (analogy) as an effort to dig an Islamic law, it still remains a problem and the debate in a long period of time. Whereas qiy?s is the mainstay of scholars when a problem is not found in the legal status of the Koran, Sunna and ijm?’. In this paper, before authors explore the views and ideas of Ibn Hazm and Ibn Qayyim about qiy?s, authors will describe a little about the views of scholars of Fiqh jumhur against qiy?s position as one of the methods of determination of law in Islam. At the end of the paper, the authors found that the concepts of Ibn Hazm would be very difficult to be followed by the public, because it assumes that the Koran was the final, and the use of reason to interpret something that is absolutely forbidden. While Ibn Qayyim adapted more impressed with the changing times. But liberalism of Ibn Qayyim in using Intellect needs to be addressed and responded wisely. Because, in the absence of control, the use of reason in the sphere arbitrarily Islamic law will also be able to fade the purity of the teachings of Islam itself.
Elemen Liberal Dalam Kajian Fikih Di Pesantren : Studi Atas Ma'had Aly Salafiah Syafi'iyah Sukorejo Situbondo Musahadi, Musahadi
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.57

Abstract

This research is aimed at answering a big question on the dynamic of Islamic legal studies in Islamic boarding school (pesantren) through focusing on the study of fiqh in Ma’had Aly. The research questions were formulated into two points. First, how far the liberal elements has coloured the Islamic legal studies in Ma’had Aly. Second, why the liberal ideas emerge inpesantren milieu that is well-known as an orthodoxy defender in Islamic law and has strong commitment to the doctrine of  salaf  as-??li?.The collection of data in this research was conducted through the studies on the written documents, observation, interviews, and simple questionnaire for check and recheck purpose. The analysis basically was undertaken by descriptive technique in qualitative method. The findings of the research showed that the Islamic legal studies in Ma‘had Aly Situbondo is strongly nuanced by liberal elements either in the level of epistemology of the study that they developed or in the level of praxis of the studies. There are some reasons why the study on Islamic Law at the Ma’had Alyis very strongly coloured with liberal elements, i.e.: 1) the turning stream of intellectual urbanisation-dissemination emerged within the Ma‘had Aly; 2) The dissatisfaction among the community of Ma‘had Aly on the epistemology of fiqh of NU; 3) inspiration brought about by the figure of liberalism thinkers both classic and modern, local and global; 4) the existence of historical reference on liberal ideas of NU; 5) the factor of open mindedness of teachers (pengasuh); and 6) the factor of networking of Ma‘had Aly with NGOs, study centers, and other liberal epistemic community.
Analisis Penerapan Metode Bi Al-Ma'sur Dalam tafsir Ibnu Katsir Terhadap Penafsiran Ayat-Ayat Hukum Nurdin, Nurdin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.58

Abstract

afs?r  al-Qur’?n  al-’A??man exegete Ibn Kathir’s work. Feature is that the sharpness of analysis in reviewing the problems associated with the interpretation of the verses of the Koran. Differences of opinion are clearly presented, and then criticized the arguments put forward strong and defensible. The language is very easy to understand. Ibn Kathir using bi al-ma’tsur. he was very careful and did not stick to the liberal and verses of the Koran, hadith, atsar friend and opinions of the scholars of the Salaf. But it looks less consistency in the interpretation of the piece QS al-Isr?’: 78 of the Asr prayer and evening prayer time’. Determine both prayer time, he was not based on history or the opinion or tabi’in Companions (as one method of bi al-ma’tsur). He interprets the verse pieces with al-ra’yi (ratio). Did Ibn Kathir consistently apply the method of bi al-ma’tsurin the interpretation of legal texts? Based on the study, interpretation of Ibn Kathir in the verses of the law, never out of frame jumhur, and he always rejects the notion that outside Sunni or Ahlus Sunnah.
Dimensi Keadilan Pada Penetapan Ahli Waris M, Hajar
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.59

Abstract

Allah the Almighty is convinced as the judge and law maker who are the Most Just. Every law, includes inheritance law is created by Him very justly. To determine the values of justice, it is necessary to do a research and deep observation. This article explores justice dimension of inheritance law, especially to heir. Justice dimension on determining heirs involves three things, namely descent, priority level, and inheritance obstacle. The descent on heir is started from birth which causes blood relationship that responsibilities between inheritance owner and heir appear. It also includes rights and duties on marriage relationship. Priority level among heirs is based on responsibility intensity so the justice on rights of heirs which fits status and relatives power to inheritance owner appears. To give the other heirs chances receiving equal rights, there are some rights of heirs are reduced. Inheritance obstacle owns justice values because of no responsibilities among of them. Thus, mutual commitment for implementing Islamic law of inheritance is needed.
Persaingan Strategi Politik UMNO Dan PAS Di Malaysia (Dari Wacana Syariat Islam hingga Konsep Islam Hadhari) Daulay, Hamdan
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.60

Abstract

The shifts of Islam politics in Malaysia are very interesting to watch and observe, especially the political phenomenon done by UMNO and PAS. UMNO as the ruling party which is Malay-and-Islam-based is competing hard with PAS as the opposition which is also Malay-and-Islam-based. These two parties underwent political shifts as the political dynamics happened in society. UMNO was at first known as a secular party supported by the elite of the party having western education background. In its development, UMNO shifted into a party with many policies that somewhat benefited Malay ethnic and the Muslims. This shift, which benefited the Muslims and Malay ethnic, happened in the era of Mahathir Mohammad.
Pemikiran Politik Hukum Islam Muhammadiyah Khoiri, Nispul
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.61

Abstract

The role of Muhammadiyah in Indonesia’s political dynamics and gait providing a large role in this country. Although the union Muhammadiyah is in neutral position not practical politics, but Muhammadiyah able to motivate, to suppport, to preseur even within the framework of political thought enforcing doing good and avoiding evil. Muhammadiyah has fixed attention on the political process of Islamic law, such as the legislative process in Parliament and took the government policy. Legislation (legislation) is part of the government’s job, with the goal of creating peace, goodness and justice. When the Act was legislated derived from Islamic law, is certainly binding legal force by the Islamic Law. Yet the political role of Muhammadiyah in some cases carried out by the elite have a positive effect on political thought Muhammadiyah itself, including in this case the politics of Islamic law. Muhammadiyah is able to oversee the legislative process in Parliament. Muhammadiyah participate motivate some legislation that transforms Islamic law into national law. Such as: Act No. 14/1970 concerning Judicial Authority, Law No. 1/1974 on Marriage, Law 7/1989 On Religious Courts, Compilation of Islamic Law, Promoting Growth and Development of Islamic Banking in Indonesia, and others. Muhammadiyah also participate in creating good governance such as corruption and corrupt practices through both structural and cultural approaches. Muhammadiyah movement came to the fore as a leader in enforcing doing good and avoiding evil.
Perdagangan Berjangka Komoditi Dalam Perspektif Analisis Usul Fiqh Fatum, Fatum
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.62

Abstract

In the realm of classical fiqh, we know the “sal?m”, a contract ordering an item with agreed criteria and with a cash payment when the contract is executed. Futures Contracts are kind of buying and selling the “indicated” in the category of  sal?m. Substance which is slightly different with regards, born in non-Muslim countries, and the fact that this practice is quite common place in Indonesia, making Futures Contracts interesting to study. The question that eventually arises is, “how u??l fiqh view this practice?” The questions will be, “whether this practice is allowed by Islam?” This paper seeks to answer the question.
Asuransi Dalam Perspektif Hukum Islam Hasanah, Uswatun
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.63

Abstract

In Islam, insurance has actually been practiced since the time of the Prophet Muhammad saw. The precursor of Islamic insurance, according to some scholars is al-diyah  `al?  al-`?qilah. Al-`?qilahis the habit of Arab tribes having been practiced long before Islam where if one member of the tribe were killed by other tribe members, the heirs of the victim will be paid with blood money (al-diyah) as compensation by the next of kin of the killer. Next of kin of the killer is known as al-`?qilah. After the arrival of Islam, al-`?qilahsystem was approved by the Prophet PBUH as part of Islamic law. Furthermore, al-`?qilah was contained in the Charter of Medina. In the next period, this al-`?qilahor insurance continued to be practiced by the caliphs, especially during Caliph Umar ibn al-Khattab until now. Islamic Insurance or sharia-based insurance is more nuanced with generosity rather than profit oriented. Therefore, the aspect of mutual help always serves as a primary basis of the practice of Islamic insurance. Islam regards insurance as a social phenomenon formed on the basis of mutualhelp and a sense of humanity. Today Islamic insurance is growing rapidly in many countries. This suggests that Islamic insurance is quite attractive to the public in various countries. The problem is, until now there are many people including some Muslims who do not understand Islamic insurance.
Konstribusi Pembiayaan Perbankan Syariah Terhadap Pengembangan Usaha Mikro Kecil Dan Menengah (UMKM) Di Kota Makasar Kara, Muslimin
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 47 No 1 (2013)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v47i1.64

Abstract

The Characteristic of Islamic banking is different with Conventional bank in terms of interest system in which Islamic banking is based on core product in sharing profit such as musy?rakahand mu??rabah. It is therefore the existence of Islamic banking should have a significant impact on real sector development. One of a such real factor that must be established is small and medium Micro Finance (UMKM) where has significant contribution in national economic development for employment recruitment and Domestic Bruto Income (PDB) as well as its stability in encountering economic crisis. The Islamic banking allocation for UMKM in Makassar has flucktuative improvement (2010-2011). Although its contribution for Micro Finance is not yet optimum, it has great prospects with respect to the quality of UMKM that never receives budgets.

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